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Maryland Courts
Each state has a system of trial and appellate courts with specific
power to hear specific types of cases. In Maryland they break down
as follows:
Maryland
District Courts - The District Courts hear small claims up to
$25,000. Claims under $5,000 are considered small claims. Small
claims also use the Maryland rules of evidence but the rules are
relaxed and the trial judges have discretion as to what evidence
they let in. Small claims also do not have discovery which means
that you will not have the ability to ask or answer questions about
your case in writing prior to the trial. Discovery is limited to
use of interrogatories and limited to 15. This is meant to help
out the people who represent themselves (also known as "pro
se"). In addition, all such cases are heard before District
Court judges as there are no jury trials in the District Court.
Cases that are filed for more than $10,000 can be bumped up to Circuit
Court if a jury trial is requested. Caseloads in the various jurisdictions
varies greatly.... for example, the district court in Annapolis
may have three dockets in the morning and finish by 12 noon where
the district court in Baltimore City or Baltimore County may go
right up until the lunch break and then carry cases over to the
afternoon docket. If you don't like a decision in the District Court,
you can appeal. The appeal will be heard on the record for cases
above $5,000 or de novo (Latin for "anew," which means
starting over, as in a trial de novo. For example, a decision in
a small claims case may be appealed to a local trial court, which
may try the case again, de novo.) for cases below $5,000. For help
you with a Maryland district court case, select
here.
Maryland Circuit Courts - Like the District Courts, each
county in Maryland contains a trial court of greater power known
as the Circuit Court. Jurisdiction starts at $10,000 and goes up
indefinitely. Unlike the District Courts, there are jury trials
in Circuit Court as well as more discovery. Discovery in Circuit
Court can be extensive and time consuming with twice the number
of interrogatories as well as depositions, request for production
of documents, and request for admissons of fact. Cases in Circuit
Court are also typically more likely to be swayed by the human element
since there are jury trials. This is why Maryland accident lawyers
typically try to maximize their client's benefit by choosing a jurisdiction
(if the facts of the case allow it) where juries are more plaintiff
friendly. Baltimore City and Prince George's County are the two
most plaintiff friendly counties. Anne
Arundel County on the other hand is not considered a plaintiff
friendly county. Circuit Courts also serve as the appeals court
for District Court cases.
Maryland Court of Special Appeals - The Court of Special
Appeals is Marylands intermediate appellate court. The Court
of Special Appeals was created in 1966 in response to the rapidly-growing
caseload in the Court of Appeals. The Court of Special Appeals originally
could hear only criminal cases. However, its jurisdiction has expanded
so that it now considers any reviewable judgment, decree, order,
or other action of the circuit and orphans courts, unless
otherwise provided by law. Judges sitting on the Court of Special
Appeals generally hear and decide cases in panels of three. In some
instances, however, all 13 judges may listen to a case, known as
an en banc hearing. (Source: Maryland Judiciary's site)
Maryland Court of Appeals - The Maryland Court of Appeals
is the highest court in the State (commonly called the Supreme Court
in other states and at the federal level). The Court of Appeals
hears cases almost exclusively by way of certiorari, a process which
gives the court discretion to decide which cases to hear. However,
the Court of Appeals is mandated by law to hear cases involving
the death penalty, legislative redistricting, removal of certain
officers, and certifications of questions of law. The Chief Judge
of the Court of Appeals, Robert M. Bell, sits on the Court along
with six other judges. All seven judges hear oral arguments on each
case unless a judge removes him/herself from a case; in this event,
a judge from another court, or a retired appellate judge, may be
specially assigned to sit in the place of the recused judge. (Source:
Maryland Judiciary's site)
See also, Frequently
Asked Questions
See also, Information
about Auto Accidents
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